be made by Dis trict Attorney or any other person. one or all of the above penalties. If the neglect, failure or refusal of Complaint may such officer to perform his duties does not take place in the presence of the Judge, but is brought to the notice of the Judge, either in vacation or term time by the written accusation of the District Attorney, District Attorney pro tempore, or by any other person, (if by any other person, sworn to by such person), the delinquent shall be notified by the service of such written notice on him at least two days, to appear before the Judge at the time and place fixed by the Judge, in an order to be issued by him to try such alleged delinquency; and if upon such trial, which shall be summary, and without a jury, the party is found guilty of such delinquency of duty, he shall be considered in contempt of court, and be fined, imprisoned and suspended from office, or either or all, in the discretion of the Judge, as is provided in this section, when the contempt occurs in his presence; if it be a Deputy of any of such officers, then the Deputy shall be subject to the fine and imprisonment, or either, above fixed, and shall be absolutely prohibited from acting in the capacity of Deputy thereafter. In the trial or execution of the sentence of the Sheriff or any of his Deputies for contempt, as herein provided for, the Coroner, or any Constable of the parish, named by the Judge, shall act; Appointment of and if there be neither Coroner nor Constable at hand, the Judge shall appoint some suitable person to act in executing his order, who may be dismissed or suspended, at the discretion of the Judge; and if it be the Coroner who is in contempt, the Sheriff or any of his Deputies or Constable may act; and if it be the Constable who is in contempt, the Sheriff or any of his Deputies, or the Coroner may act; and in all cases, if there be no officer at hand to act, the court shall appoint some proper person to do so. person to act as Sheriff. sureties liable in damages to parties for failure to serve process. 117. [SEC. 1088.] [In case of] a neglect, failure, or refusal of Sheriff and his any Sheriff or his Deputies, or the Coroner, or Constable, to serve any citation, levy any attachment, provisional seizure, sequestration, injunction, execution, arrest, or other legal process in either a civil or criminal proceeding, by which any person, the State, parish, municipal corporation, or other corporation, or persons ordering the same, shall be injured, or lose their recourse on the claim sued on, or on the property which was liable to seizure under any of such writs at the time they were placed in the hands of such officer, said officer shall be responsible, as well as his securities on his official bonds, to the party so injured or damaged for the full amount owing on the claim sued on, or the writ he has failed to execute, or other damage, and proof by the party injured, that the failure of the said officer to serve the citation or other writ on the proper party, or that he made illegal service thereof, so that prescription barred the claim, or the court was deprived of jurisdiction, or that, when the writ of attachment, provisional seizure, sequestration, injunction, execution, arrest, or other legal process was placed in such officer's hands, the party or parties against whom such writs were issued, had property, rights or credits liable to seizure, and within the jurisdiction of such officer, and he failed to seize the same, shall be prima facie evidence of liability of such officer and his securities on his official bond for the amount of such writ; provided always, that the Sheriff or other officer shall have the right to require an indemnifying bond in cases now provided by law. sal of Clerks. 118. [SEC. 1089.] Any Clerk of the court who shall neglect, fail or refuse to issue any copy, paper, citation, writ or other process Neglect or refuwhen so required to do by any party or their counsel authorized to require such service, who has made the proper deposit aud complied with the requirements of law authorizing them to demand such service from the Clerk, shall, on such facts being brought to the attention of the court in writing, sworn to by the party making it, which shall be served with the order made thereon by the Judge, fixing the time for trial thereof, not exceeding two days from the date of the order, and on such trial, which shall be summary and without jury, if such Clerk shall be found guilty of the charge, he shall be considered in contempt of court and fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, or sus- Penaltics. pended from office, either one or all, and the Clerk and his securities on his official bond shall be responsible to any party for any damage that may result from his failure, refusal or neglect to perform any duty required of him by law. If such Clerk is suspended from office, it shall be the duty of the District Judge to appoint a Clerk to act in his place, who shall take the oath and give the bond required of Clerks, and who shall receive all the fees and emoluments of the office during the time he acts as Clerk. When any Judge shall suspend any Clerk from office, he shall transmit to the Governor the proceedings, evidence and judgment of suspension, who shall lay the same before the Legislature at its next session, to the end that the Legislature may ratify or reject such suspension from office. If the suspension should be ratified, then such office shall be considered vacant, and be filled as provided by law. If the Legislature shall fail to ratify such suspension from office, then such officer is to be restored to his office, but shall be liable for any contempt or delinquency, thereafter committed, as in the first instance. A failure of the Legislature to act, at the first session after such suspension, Forfeiture of fees. shall leave the suspension in force; provided, that the Legislature may act on the case at any subsequent session, and the consequence of their action shall be as above set forth. 119. [SEC. 1090.] [On] any failure of the Clerk of any court to comply with any legal formality in issuing citation, petition or other process, or if the same is not a true copy, or legal in form or substance, no fee shall be charged by the Clerk for issuing such copy or process; and he shall, moreover, be responsible to the Sheriff for any costs he may incur in executing, or attempting to execute any such process, and the parties to such suit shall not be charged with any of the Clerk's or Sheriff's costs above referred to, and any costs that may be incurred by any Sheriff in executing or attempting to execute or serve any writ or paper, or other process which has not been executed or served in the manner pointed out by law, shall not be charged against any party in any suit, but all such costs, and the expenses incident thereto, shall be borne by such Sheriff. 1868-207. Testimony in writing. ner's jury. DUTIES OF CORONER IN CRIMINAL PROCEEDINGS. 120. [SEC. 1091.] The testimony of all witnesses examined on any inquest shall be reduced to writing and subscribed by the wit nesses. 121. [SEC. 1092.] The jury, upon the inspection of the body, Verdict of Coro- and after hearing the testimony of witnesses and making all needful inquiries, shall sign and deliver to the Coroner their inquisition, under their hands, in which they shall certify when and by what means deceased came to his death, and his name, if it is known, together with all material circumstances attending his death, and if it shall appear that the deceased was feloniously killed, the jurors shall further state who were charged with being guilty, either as principals or accessories, if known, or with being in any manner the cause of his death, which inquisition may be in substance as follows: An inquisition taken at in the on the day of year before the Coroner of the parish (or portion of the witnesses. 122. [SEC. 1093.] If the jury find that any murder or manslaughter has been committed on the deceased, the Coroner shall Recognizance of bind over, by recognizance, such witnesses as he shall think proper to appear and testify at the next court to be held in the parish at which an indictment for such an offense can be found; he shall also return to the court the inquisition, written evidence, and all recognizance and examination by him taken, and may commit to the jail of the parish any witnesses who shall refuse to recognize in such manner as he shall direct. accused per 123. [SEC. 1094.] If any person charged by the inquest with having committed such offense shall not be in custody, the Coroner. Power to arrest shall arrest and conduct him before some committing Magistrate in sons. the parish in which the inquest is held, to be examined and proceeded with according to law. CURATOR. NO. Recording of bonds of curators.... 1 persons, in cases of interference NO. bonds of cura 1. [1100.] Before any person shall be appointed curator or representative of any person interdicted or absentee, the bond 1869–114. required to be given, in order to obtain such appointment, shall be Recording of recorded in the book of mortgages in the parish of the domicile of tors. the person to be appointed curator, and a certificate to that effect, presented to the Judge, must precede the appointment, on pain of nullity of such appointment. It shall be the duty of such curator, and of any relation or friend of the person interdicted or absentee, to have such bond recorded in any and every parish in the State in which the curator is the owner of mortgageable property; and in the event of the failure of the curator to have such bond recorded, as above required, on conviction thereof he shall be fined in a sum of not less than one hundred dollars, and imprisoned at the discretion of the court; and the recording of such bond shall operate a mortgage on all the mortgageable property then or subsequently owned by such curator from the date of the recording the bond. Recording of inventory of pro erty of minors, inter 2. [SEC. 1101.] When any person, who, without having been appointed tutor or curator of minors (interdicted or absent persons), interfere in the administration of their property, any person shall dicted or absent have the right to record in the book of mortgages of the parish of cases of inter- such persons' domicile, the inventory and appraisement of the propministration by erty belonging to such minors, interdicted or absent persons, if person, in ference in ad persons not authorized. there be one, or other written evidence of the amount and value of the minors', interdicted or absent persons' property; and if there be no written evidence thereof, a statement of the property and its value, and of the name of the intermeddler, under oath, made by any person, which, when so recorded, shall operate a mortgage on all the property then or subsequently owned by such person, interfering in the administration as aforesaid; and it shall be the special duty of the Parish Judge or Recorder to cause said record to be made upon pain of any damages that may result to any such minor, interdicted or absent person, if any such interference come to their knowledge or may be reported to them by any credible person; all expenses so incurred shall be paid by such minor, interdicted or absent person, or out of their effects. session. rest. when payable 1. [SEC. 1.] The following shall be considered as days of public 1870-98-- Extra rest in this State, namely: The First day of January, the Eighth of Days of public January, the Twenty-second of February, Fourth of July, Twenty-fifth of December, Twelfth of February, Sundays and Good Fridays, and Bills and notes, all promissory notes and bills of exchange shall be due and payable the day following the third or last day of grace, if the third or last day of grace be a Sunday or legal holiday, as herein provided; and should the day succeeding the last or third day of grace also be a Sunday or legal holiday, then promissory notes and bills of exchange shall be payable on the following day not a Sunday or legal holiday; and in computing the delay allowed for giving notice of non en the day suc ceeding the last day of grace. Computation of time for non acceptance or non-payment. |